Texas · rates verified August 24, 2026

Texas workers' comp settlement chart

Texas uses impairment income benefits (IIBs), not a body-part schedule: 3 weeks of benefits per percentage point of your whole-body impairment rating, paid at 70% of your average weekly wage, capped at the state maximum.

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Your scheduled PPD estimate

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Texas pays 70% of your average weekly wage (not the two-thirds most states use), capped at $890/week for impairment income benefits.

The current numbers

Texas comp rates and formula

ItemValue
IIB weekly maximum (FY Oct 2025–Sep 2026)$890
TIB (temporary) weekly maximum$1,271
Formula3 weeks × each impairment point, at 70% of AWW
Attorney fee cap25% of recovery (Labor Code §408.221)

Before you settle

A comp settlement trades future benefits for a lump sum. Three checks first: does the settlement close your future medical rights (a fair-looking number can be terrible if it does)? Is your impairment rating solid — insurer doctors rate low, and you can usually challenge with an independent exam? And was anyone besides your employer involved — because a third-party claim pays pain and suffering that comp never does.

SourcesTex. Labor Code §408.121 (IIBs) · TDI-DWC maximum benefit rates · Reviewed August 24, 2026. Rates change every year — verify against the agency source before relying on them. Not a law firm; not legal advice.
Common questions

FAQ

How is a workers' comp settlement calculated in Texas?

Texas uses impairment income benefits (IIBs), not a body-part schedule: 3 weeks of benefits per percentage point of your whole-body impairment rating, paid at 70% of your average weekly wage, capped at the state maximum. Settlements then negotiate around that formula number — down for present-value and disputed ratings, up when the insurer wants to close future medical exposure.

What is the maximum workers' comp rate in Texas?

IIB weekly maximum (FY Oct 2025–Sep 2026): $890 · TIB (temporary) weekly maximum: $1,271 · Formula: 3 weeks × each impairment point, at 70% of AWW · Attorney fee cap: 25% of recovery (Labor Code §408.221)

Can I sue outside workers' comp in Texas?

Not your employer, in most cases — comp is the exclusive remedy. But if anyone else contributed to the injury (a negligent driver, a defective machine's manufacturer, a subcontractor), a third-party claim can pay full damages including pain and suffering, alongside the comp claim. That's the most commonly missed money in work-injury cases.

What do workers' comp lawyers charge in Texas?

25% of recovery (Labor Code §408.221)